Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, December 21, 1994 TAG: 9412210101
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: RON BROWN STAFF WRITER
DATELINE: FINCASTLE LENGTH: Short
Prosecutors have said that Shelor's blood-alcohol level was more than 21/2 times the legal limit on the morning that Brian W. Andrews died.
Shelor's plea came as a surprise during a hearing on pretrial motions, Commonwealth's Attorney Rob Hagan said.
Investigators allege that Shelor, 23, was at the wheel May1 and Andrews, 20, was a passenger when their car ran off Virginia 606, struck several trees and overturned.
Shelor, of Botetourt County, denied he was driving. He will be tried Dec.29 on charges of drunken driving and driving on a suspended license.
Shelor's license was suspended for three years after he was convicted on drunken-driving charges for the second time in December1992.
Judge George Honts III had already ruled that his previous driving record would not be presented to a jury, if the case went before a jury.
Honts threw out the murder charge late last month, citing Virginia case law. He said malice - an essential factor in a murder charge - cannot be inferred simply because someone was driving drunk.
Following Shelor's guilty plea Tuesday, attorneys agreed to let Honts hear evidence on the remaining charges against Shelor on Dec.29. Prospective jurors will be told to stay home that day.
Members of the group People Against Impaired Drivers have said they were ready to monitor the trial to show their support for a strong sentence if Shelor were convicted.
Shelor faces a possible 20-year prison term for manslaughter, Hagan said.
Keywords:
FATALITY
by CNB